Bill Status of SB 1004   98th General Assembly


Short Description:  CRIMINAL ID-EXPUNGE CONVICTION

Senate Sponsors
Sen. Donne E. Trotter-Dan Kotowski-Jacqueline Y. Collins-Mattie Hunter

House Sponsors
(Rep. Monique D. Davis-La Shawn K. Ford-Charles E. Jefferson-Elgie R. Sims, Jr.-Emanuel Chris Welch, Rita Mayfield, Mary E. Flowers and Jehan A. Gordon-Booth)


Last Action  View All Actions

DateChamber Action
  1/13/2015SenateSession Sine Die

Statutes Amended In Order of Appearance
725 ILCS 5/107-5from Ch. 38, par. 107-5

Synopsis As Introduced
Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section concerning method of arrest.

Senate Floor Amendment No. 1
Deletes reference to:
725 ILCS 5/107-5
Adds reference to:
20 ILCS 2630/5.2
730 ILCS 5/5-5-4from Ch. 38, par. 1005-5-4
735 ILCS 5/2-702

Replaces everything after the enacting clause. Amends the Criminal Identification Act. Provides that if a petitioner has been granted a certificate of innocence under the Code of Civil Procedure, the court that grants the certificate of innocence shall also enter an order expunging the conviction for which the petitioner has been determined to be innocent, notwithstanding the presence of additional felony charges or criminal convictions present on the petitioner's record. Provides that provision of the Unified Code of Corrections concerning a conviction or sentence that has been set aside on direct review or on collateral attack in which the court determines by clear and convincing evidence that the defendant was factually innocent of the charge does not prevent the court from entering the expungement order for a petitioner who has been granted a certificate of innocence under the Code of Civil Procedure. Provides that the court shall execute the expungement according to the process established in the Code of Civil Procedure. Provides that the procedures established in the expungement statute do not govern or control this provision. Provides that the effect of the order shall be to restore the person to the status he or she occupied prior to the arrest, plea, or conviction for which he or she was determined to be innocent. Provides that no person as to whom the order has been entered shall be held thereafter, under any provision of any law, to be guilty of perjury or otherwise giving a false statement due to his or her failure to recite or acknowledge the arrest, plea, trial, conviction, or expungement in response to any inquiry made of him or her for any purpose whatsoever. Amends the Code of Civil Procedure. Provides that upon entry of the certificate of innocence, the court shall enter an order requiring the arresting agency, the Department of State Police, and any other agency as ordered by the court to expunge the records of arrest and conviction for the offense that the petitioner was found to be innocent, within 60 days of the date of service. The order shall also order that the records of the clerk of the circuit court regarding the arrest and conviction for the offense be impounded until further order of the court upon good cause shown or as otherwise provided, and the name of the defendant obliterated from the official index requested to be kept by the circuit court clerk under the Clerks of Courts Act in connection with the arrest and conviction for the offense but the order shall not affect any index issued by the circuit court clerk before the entry of the order. Provides that if one is pardoned by the Governor based on the grounds of innocence for the crime for which he or she was imprisoned, the individual must file for an expungement as provided in the expungement statute. Amends the Unified Code of Corrections to make a conforming change.

Actions 
DateChamber Action
  1/24/2013SenateFiled with Secretary by Sen. John J. Cullerton
  1/24/2013SenateFirst Reading
  1/24/2013SenateReferred to Assignments
  3/13/2013SenateAssigned to Executive
  3/20/2013SenateDo Pass Executive; 010-000-000
  3/20/2013SenatePlaced on Calendar Order of 2nd Reading March 21, 2013
  3/22/2013SenateChief Sponsor Changed to Sen. Donne E. Trotter
  4/10/2013SenateAdded as Co-Sponsor Sen. Dan Kotowski
  4/10/2013SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Donne E. Trotter
  4/10/2013SenateSenate Floor Amendment No. 1 Referred to Assignments
  4/10/2013SenateSponsor Removed Sen. Dan Kotowski
  4/16/2013SenateAdded as Chief Co-Sponsor Sen. Dan Kotowski
  4/17/2013SenateSenate Floor Amendment No. 1 Assignments Refers to Criminal Law
  4/24/2013SenateSenate Floor Amendment No. 1 Recommend Do Adopt Criminal Law; 008-000-000
  4/29/2013SenateRule 2-10 Third Reading Deadline Established As May 3, 2013
  4/30/2013SenateSecond Reading
  4/30/2013SenateSenate Floor Amendment No. 1 Adopted; Trotter
  4/30/2013SenatePlaced on Calendar Order of 3rd Reading May 1, 2013
  4/30/2013SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/1/2013SenateAdded as Chief Co-Sponsor Sen. Mattie Hunter
  5/1/2013SenateThird Reading - Passed; 056-000-000
  5/2/2013HouseArrived in House
  5/2/2013HouseChief House Sponsor Rep. Monique D. Davis
  5/2/2013HouseFirst Reading
  5/2/2013HouseReferred to Rules Committee
  5/15/2014HouseAlternate Chief Sponsor Changed to Rep. Elaine Nekritz
  5/15/2014HouseAlternate Chief Sponsor Changed to Rep. Monique D. Davis
  5/15/2014HouseAdded Alternate Chief Co-Sponsor Rep. La Shawn K. Ford
  5/15/2014HouseAdded Alternate Chief Co-Sponsor Rep. Charles E. Jefferson
  5/15/2014HouseAdded Alternate Chief Co-Sponsor Rep. Elgie R. Sims, Jr.
  5/15/2014HouseAdded Alternate Chief Co-Sponsor Rep. Emanuel Chris Welch
  5/15/2014HouseAdded Alternate Co-Sponsor Rep. Rita Mayfield
  5/15/2014HouseAdded Alternate Co-Sponsor Rep. Mary E. Flowers
  5/15/2014HouseAdded Alternate Co-Sponsor Rep. Jehan A. Gordon-Booth
  5/21/2014HouseAssigned to Judiciary
  5/21/2014HouseCommittee Deadline Extended-Rule 9(b) May 30, 2014
  5/23/2014HouseFinal Action Deadline Extended-9(b) May 30, 2014
  5/27/2014HouseDo Pass / Short Debate Judiciary; 014-000-000
  5/27/2014HousePlaced on Calendar 2nd Reading - Short Debate
  5/27/2014HouseSecond Reading - Short Debate
  5/27/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/30/2014HouseRule 19(a) / Re-referred to Rules Committee
  11/25/2014HouseApproved for Consideration Rules Committee; 004-000-000
  11/25/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  12/2/2014HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Elaine Nekritz
  12/2/2014HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  12/3/2014HouseRule 19(a) / Re-referred to Rules Committee
  1/13/2015SenateSession Sine Die

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